A lawsuit filed in the federal district court for the District of Colorado challenged provisions of two Denver ordinances that restrict use of gas appliances. The first ordinance—which its backers said would reduce greenhouse gas emissions from buildings by 80% by 2040—required that the Denver Building and Fire Code be amended to implement certain electrification requirements, and the second ordinance adopted the 2022 Denver Building Code, including the 2022 Denver Energy Code that implemented an initial phase of the first ordinance’s requirements. The plaintiffs asserted that provisions of these laws are preempted by the federal Energy Policy and Conservation Act. The plaintiffs sought a permanent injunction on enforcement of the laws and a declaratory judgment declaring that they were preempted by federal law and therefore void and unenforceable.

Lawsuit challenging Denver electrification requirements for buildings.

Restaurant Law Center v. City & County of Denver

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Federal Lawsuit Filed to Challenge Denver Electrification Requirements as Preempted

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

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Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

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A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

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Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

This sector involves the wholesale and retail selling of goods.

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This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

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Federal Lawsuit Filed to Challenge Denver Electrification Requirements as Preempted

Policy instrument

Risk

Fossil fuel

Economic sector

Finance